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Terms
& Conditions
Prayers4.com Terms of Use Agreement
October 1, 2008
Prayers4, Inc. (“Prayers4” or “we”) operates Prayers4.com,
which is a social prayer networking service that allows Members to create
unique personal prayer request online in order to request prayers or help.
The services offered by Prayers4 include any Prayers4-branded URL (the "Prayers4
Website"), the Prayers4 instant messaging service, chat areas, the Prayers4
application developer service and other features (for example, music and video
embedded players), Prayers4 mobile services, and any other features, content,
or applications offered from time to time by Prayers4 in connection with Prayers4’s
business (collectively, the "Prayers4 Services"). The Prayers4 Services
are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the Prayers4 Services. By using the Prayers4
Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the Prayers4 Website, including through
a mobile device, or otherwise use the Prayers4 Services without being registered)
or you are a "Member" (which means that you have registered with
Prayers4). The term "User" refers to a Visitor or a Member. You
are only authorized to use the Prayers4 Services (regardless of whether your
access or use is intended) if you agree to abide by all applicable laws and
the terms of this Agreement. If you wish to become a Member, communicate with
other Members and/or make use of the Prayers4 Services, you must read this
Agreement and indicate your acceptance during the registration process.
1. ACCEPTANCE
OF TERMS
The webpages available at www.Prayers4.com, and all linked pages ("Site"
or “Prayers4”), are owned and operated by MCFIII, Inc. ("MCFIII"),
a California corporation, and is accessed by you under the Terms of Use described
below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING
THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH
IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU
MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MCFIII’S
ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS
AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS
ARE CONSIDERED AN OFFER BY MCFIII, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE
TERMS.
MODIFICATIONS OF TERMS OF USE
MCFIII reserves the right, at its sole discretion, to modify or replace the
Terms of Use at any time. If the alterations constitute a material change
to the Terms of Use, MCFIII will notify you via email. What constitutes a
"material change" will be determined at MCFIII’s sole discretion,
in good faith and using common sense and reasonable judgment. You shall be
responsible for reviewing and becoming familiar with any such modifications.
Use of the Services by you following such notification constitutes your acceptance
of the terms and conditions of the Terms of Use as modified.
2. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, MCFIII may offer to provide
certain services and content, as described more fully on the Site, ("About").
Services shall include, but not be limited to, any service and content MCFIII
performs for you, as well as the offering of any materials displayed or performed
on the Site (including, but not limited to text, user comments, messages,
information, data, graphics, photographs, images, illustrations, software,
audio clips and video clips, also known as the "Content") on the
Site. MCFIII may change, suspend or discontinue the Services including any
Content for any reason, at any time, including the availability of any feature
or content. MCFIII may also impose limits on certain features and services
or restrict your access to parts or all of the Services without notice or
liability.
3. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register and select
a password and screen name ("Prayers4 User ID"). You shall provide
MCFIII with accurate, complete, and updated registration information. Failure
to do so shall constitute a breach of the Terms of Use, which may result in
immediate termination of your Prayers4 account. You may not
(i) select or use as a Prayers4 User ID a name of another person with the
intent to impersonate that person;
(ii) use as a Prayers4 User ID a name subject to any rights of a person other
than you without appropriate authorization; or
(iii) use as a Prayers4 User ID a name that is otherwise offensive, vulgar
or obscene. MCFIII reserves the right to refuse registration of, or cancel
a Prayers4 User ID in its discretion. You shall be responsible for maintaining
the confidentiality of your Prayers4 password.
Services are available only to individuals who are at least 13 years old,
whether acting on their own behalf or as an authorized employee or representative
of a corporation or other business entity. If you do not so qualify, do not
attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose
that is unlawful or prohibited by these Terms of Use, or any other purpose
not reasonably intended by MCFIII.
By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other Prayers4 users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene,
pornographic, abusive, offensive or otherwise violates any law or right of
any third party;
3. for any illegal or unauthorized purpose. If you are an international user,
you agree to comply with all local laws regarding online conduct and acceptable
content;
4. to post or transmit, or cause to be posted or transmitted, any communication
or solicitation designed or intended to obtain password, account, or private
information from any Prayers4 user;
5. to create or submit unwanted email ("Spam") to any other Prayers4
users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to
copyright laws);
7. to submit Content or comments linking to affiliate programs, multi-level
marketing schemes, or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot,
spider, scraper or other automated means to access the Site for any purpose
without our express written permission. Additionally, you agree that you will
not:
(i) take
any action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site
or any activities conducted on the Site; or
(iii) bypass any measures we may use to prevent or restrict access to the
Site;
MCFIII may remove any Content and Prayers4 accounts at any time for any reason
(including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such Content), or for no reason at
all. To report Terms of Use abuse, please email: abuse@Prayers4.com
MCFIII may from time to time monitor or review prayer requests posted on our
Site and reserves the right to remove, without notice, any prayer requests
received from any User that in MCFIII's sole discretion violates the User
Conduct rules set forth above. However, MCFIII is under no affirmative obligation
to monitor, review or remove any prayer or help requests, is under no affirmative
obligation to take any action in response to any prayer or help request, and
assumes no responsibility or liability arising from the content of any such
prayer or help requests, nor for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger, threat or inaccuracy
contained in any prayer or help request that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law. MCFIII will fully cooperate with any law enforcement
authorities or court order requesting or directing MCFIII to disclose the
identity of anyone posting any such information or materials. MCFIII reserves
the right to deny in its sole discretion any user access to this Site or any
portion thereof without notice.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of
any kind at or on the Site or otherwise through the Services, unless source
quoted, you represent and warrant that you own all rights in the Content and
you agree that the Content will be subject to the Creative Commons Public
Domain License, available at http://creativecommons.org/licenses/publicdomain/.
5. COPYRIGHT COMPLAINTS
MCFIII respects the intellectual property of others. It is MCFIII‘s
policy to respond expeditiously to claims of copyright and other intellectual
property infringement. MCFIII will promptly process and investigate notices
of alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. Upon receipt of notices complying or substantially complying
with the DMCA, MCFIII may act expeditiously to remove or disable access to
any material claimed to be infringing or claimed to be the subject of infringing
activity and may act expeditiously to remove or disable access to any reference
or link to material or activity that is claimed to be infringing. MCFIII will
terminate access for subscribers and account holders who are repeat infringers.
Notifying MCFIII of Copyright Infringement: To provide MCFIII notice of an
infringement, you must provide a written communication to the attention of
"DMCA Infringement Notification Dept." care of abuse@Prayers4.com
that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that an activity is infringing your copyright.
Providing MCFIII with Counter-Notification: If we remove or disable access
to content in response to an infringement notice, we will make reasonable
attempts to contact the owner or administrator of the affected site or content.
If you feel that your material does not constitute infringement, you may provide
MCFIII with a counter notification by written communication to the attention
of "DMCA Counter Notification Dept." at abuse@Prayers4.com that
sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys'
fees) if you materially misrepresent that an activity is not infringing the
copyrights of others. If you are uncertain whether an activity constitutes
infringement, we recommended seeking advice of an attorney.
6. Prayers4 PRIVACY POLICY
Prayers4's current privacy policy is available at http://www.prayers4.com/privacy.html
(the "Privacy Policy"), which is incorporated by this reference.
7. INDEMNITY
You will indemnify and hold harmless MCFIII, its parents, subsidiaries, affiliates,
customers, vendors, officers and employees from any liability, damage or cost
(including reasonable attorneys. fees and cost) from (i) any claim or demand
made by any third party due to or arising out of your access to the Site,
use of the Services, violation of the Terms of Use by you, or the infringement
by you, or any third party using your account or Prayers4 User ID, of any
intellectual property or other right of any person or entity.
8. WARRANTY DISCLAIMERS
You acknowledge that MCFIII has no control over, and no duty to take any action
regarding: which users gain access to the Site; what effects the Content may
have on you; how you may interpret or use the Content; or what actions you
may take as a result of having been exposed to the Content. You release MCFIII
from all liability for you having acquired or not acquired Content through
the Site. The Site may contain, or direct you to sites containing, information
that some people may find offensive or inappropriate. MCFIII makes no representations
concerning any content contained in or accessed through the Site, and MCFIII
will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Site.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LINKS
The Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because MCFIII has no control over such sites
and resources, you acknowledge and agree that MCFIII is not responsible for
the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products or
other materials on or available from such sites or resources. You further
acknowledge and agree that MCFIII shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL MCFIII OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY
(I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS
OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR
(II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. TERMINATION
MCFIII may terminate or suspend any and all Services and your Prayers4 account
immediately, without prior notice or liability, if you breach any of the terms
or conditions of the Terms of Use. Upon termination of your account, your
right to use the Services will immediately cease. If you wish to terminate
your Prayers4 account, you may simply discontinue using the Services. All
provisions of the Terms of Use which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
12. MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result
of the Terms of Use and you do not have any authority of any kind to bind
MCFIII in any respect whatsoever. The failure of either party to exercise
in any respect any right provided for herein shall not be deemed a waiver
of any further rights hereunder. MCFIII shall not be liable for any failure
to perform its obligations hereunder where such failure results from any cause
beyond MCFIII’s reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including "line-noise"
interference). If any provision of the Terms of Use is found to be unenforceable
or invalid, that provision shall be limited or eliminated to the minimum extent
necessary so that the Terms of Use shall otherwise remain in full force and
effect and enforceable. The Terms of Use is not assignable, transferable or
sublicensable by you except with MCFIII’s prior written consent. MCFIII
may transfer, assign or delegate the Terms of Use and its rights and obligations
without consent. The Terms of Use shall be governed by and construed in accordance
with the laws of the California, as if made within California between two
residents thereof. Notwithstanding the foregoing sentence, (but without limiting
MCFIII’s right to seek injunctive or other equitable relief in any court
of competent jurisdiction), any disputes arising with respect to this Agreement
shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall
be selected by joint agreement of the parties. In the event the parties cannot
agree on an arbitrator within thirty (30) days of the initiating party providing
the other party with written notice that it plans to seek arbitration, the
parties shall each select an arbitrator affiliated with JAMS, which arbitrators
shall jointly select a third such arbitrator to resolve the dispute. The written
decision of the arbitrator shall be final and binding on the parties. The
arbitration proceeding shall be carried on and heard in Los Angeles, California
using the English language and pursuant to the rules of JAMS. In any action
or proceeding to enforce rights under the Terms of Use, the prevailing party
will be entitled to recover costs and attorneys' fees. Both parties agree
that the Terms of Use is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written
and oral agreements, communications and other understandings relating to the
subject matter of the Terms of Use, and that all modifications must be in
a writing signed by both parties, except as otherwise provided herein.
13. TRADEMARKS
Prayers4, the rose, candle, sun, butterfly, rainbow, pot of gold, 4leaf clover,
horseshoe, fortune cookie, lucky 7 dice, 777 tokens used on the Site and other
Prayers4 graphics, logos, designs, page headers, button icons, scripts, and
service names are registered trademarks, trademarks or trade dress of MCFIII
in the U.S. and/or other countries. MCFIII’s trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion.
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